The Principle of Non-Refoulement on the Polish-Belarusian border

The circumstances that make it possible to derogate from the provisions of the return directive and the return obligation procedure must be strictly demonstrated. Regardless, the principle of non-refoulement must be appl…

Judgement: deportation can’t create a risk of torture

The Supreme Administrative Court recalls that even in the deportation of a person suspected of terrorist activities, it should be examined whether their return to their country of origin would not violate fundamental hum…

Supreme Administrative Court: parents’ violation of the immigration law does not exempt the authorities from examining whether deportation would violate the child’s rights

On May 5, 2022, the Supreme Administrative Court (ref. II OSK 1182/21) issued a judgment in a cassation complaint by the Association for Legal Intervention. The case concerned the obligation to return of a Pakistani nati…

Obligation to examine whether migrants in Belarus are at risk of torture and other inhumane treatment

Foreigners cannot be pushed into Belarus if they would be in danger of torture, inhuman or otherwise unacceptable treatment there. Neither a migration crisis nor illegal border crossings exclude the application of this p…